Posted on May 22, 2019
Former Marine Commandant tells Trump that pardoning troops accused of war crimes 'relinquishes...
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Standards need to be maintained MAJ Montgomery Granger LTC (Join to see) LTC Ivan Raiklin, Esq. Capt Gregory Prickett CPT Jack Durish LT Terry Lober
Former Marine Commandant tells Trump that pardoning troops accused of war crimes 'relinquishes...
Posted from taskandpurpose.com
War Crimes
Donald Trump
UCMJ
Marines
Posted >1 y ago
Responses: 12
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The Pardon Power is the one that should be used more often. It's there for a reason.
Although I agree with Gen Krulak regarding how it can be seen as undermining our Justice Process, the fact remains that the Pardon (and Clemency) are part of our Justice Process (Constitution).
If at any time the President says "this doesn't seem right" he should be using that Power.
Yes, he make get it wrong, but so does our Justice System and this is an opposing force to counteract the possibility of punishing the innocent.
Although I agree with Gen Krulak regarding how it can be seen as undermining our Justice Process, the fact remains that the Pardon (and Clemency) are part of our Justice Process (Constitution).
If at any time the President says "this doesn't seem right" he should be using that Power.
Yes, he make get it wrong, but so does our Justice System and this is an opposing force to counteract the possibility of punishing the innocent.
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SFC Casey O'Mally
I disagree, SGT.
I have always asserted, and I maintain, that the pardon is NOT an instrument of justice. If something doesn't look / feel right, the JUSTICE system is where to go for justice. Pardons are an instrument to heal the nation (reconstruction era pardons), bring peace (whiskey rebellion, utah war / brigham young), or help us put a terrible thing behind us (Nixon, reconstruction). In short, pardons are an instrument of diplomacy, which is why the power is vested in the President as our chief diplomat. Often times, it is internal diplomacy rather than international, but diplomacy it remains.
Using the pardon as a check on the justice system is allowed, but it should be used EXCEPTIONALLY sparingly, as it undermines both the efficacy and public trust in the justice system. If the system is broke, fix it, don't try to game it. Using the pardon essentially games the system, but if the system really is broken, the pardon only helps a few, while many others (with worse publicists) are stuck.
I have always asserted, and I maintain, that the pardon is NOT an instrument of justice. If something doesn't look / feel right, the JUSTICE system is where to go for justice. Pardons are an instrument to heal the nation (reconstruction era pardons), bring peace (whiskey rebellion, utah war / brigham young), or help us put a terrible thing behind us (Nixon, reconstruction). In short, pardons are an instrument of diplomacy, which is why the power is vested in the President as our chief diplomat. Often times, it is internal diplomacy rather than international, but diplomacy it remains.
Using the pardon as a check on the justice system is allowed, but it should be used EXCEPTIONALLY sparingly, as it undermines both the efficacy and public trust in the justice system. If the system is broke, fix it, don't try to game it. Using the pardon essentially games the system, but if the system really is broken, the pardon only helps a few, while many others (with worse publicists) are stuck.
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Cpl Jeff N.
SFC Casey O'Mally - So, we all know that is not how the pardon power is used. Case in point, here are Obama's pardons, not to pick on him because most are not what you describe above. He is just the previous occupant of the office to use as a comparison point.
In addition to Obama's pardons, Obama commuted the sentences of 1,385 people, more than any other president in American history. Including Bradley Manning, not a deserving person by any stretch.
Your notion about how the pardon should be used is pie in sky. The president has a Constitutionally defined and unilateral power to pardon people. There are none of the considerations you suggested in the Constitution. He can use it as he sees fit.
https://www.justice.gov/pardon/obama-pardons
In addition to Obama's pardons, Obama commuted the sentences of 1,385 people, more than any other president in American history. Including Bradley Manning, not a deserving person by any stretch.
Your notion about how the pardon should be used is pie in sky. The president has a Constitutionally defined and unilateral power to pardon people. There are none of the considerations you suggested in the Constitution. He can use it as he sees fit.
https://www.justice.gov/pardon/obama-pardons
Pardons Granted by President Barack Obama (2009-2017)
January 17, 2017 |December 19, 2016 |January 16, 2016 | December 18, 2015 | December 17, 2014 | December 19, 2013 | March 1, 2013 | November 21, 2011 | May 20, 2011 | December 3, 2010
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Sgt Aaron Kennedy, MS
SFC Casey O'Mally - I can respect your disagreement, however the Constitution doesn't say any of those things, nor has any SCOTUS interpretation of the Pardon Power.
The President's Power to Pardon is near unlimited on a Federal Level, just like the President is CinC (ultimate military authority). The Framers had the opportunity to limit said Power but instead left it "general" and near unlimited.
The President's Power to Pardon is near unlimited on a Federal Level, just like the President is CinC (ultimate military authority). The Framers had the opportunity to limit said Power but instead left it "general" and near unlimited.
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I personally think that he is talking about these pardons because it is a political tool to appease his base. He knows that this will resonate with his supporters, much like his border wall. It has nothing to do with justice, or righting a wrong, it is something to brag about in his "rallies" to stir up his base.
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I have always believed the military was the bastion of the nation's values. What does it say about the US if we start pardoning war criminals?
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